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Date Posted: 06:50:09 03/14/03 Fri
Author: Richard
Author Host/IP: cpe-gan-68-101-88-174-cmcpe.ncf.coxexpress.com / 68.101.88.174
Subject: Re: Is the UN a bad idea? You decide
In reply to: Richard 's message, "Re: Is the UN a bad idea? You decide" on 06:41:39 03/14/03 Fri

Hi Michael,

I think we are debating two different concepts. Have you read this:

The War Powers Act of 1973 Public Law 93-148

Here is the opening sections:

SHORT TITLE
SECTION 1.

This joint resolution may be cited as the "War Powers Resolution".
PURPOSE AND POLICY
SEC. 2. (a)

It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities or in such situations.

SEC. 2. (b)
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.

SEC. 2. (c)
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to

(1) a declaration of war,
(2) specific statutory authorization, or
(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.


If you couple this law with the authorization of the Congress last October, you can't doubt the legality of using force. That is the legality under US law. This does not address your argument regarding international law.

But then, I remember reading the law about switching Senatorial candidates in NJ too.

Richard

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